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Committee flags attorney-opinion language after debate over FOIA, privilege and 'formal' opinions
Summary
Members debated a proposed transparency provision that would make certain city attorney opinions public; lawyers and members warned the draft could unintentionally waive attorney-client privilege for exempt matters and recommended clearer definitions and possible carve-outs.
The committee held an extended discussion of Section 7.6(a) and broader Chapter 8 transparency language that would require certain city attorney "formal opinions" to be made available to the public.
Several members and legal advisers raised concerns that the current draft could be read to waive attorney-client privilege for opinions that should remain confidential, such as litigation strategy, negotiation tactics or certain personnel matters. A municipal attorney who spoke…
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